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Cunningham, Len By and through their agent Joyce Bunting and Leroy Cunningham By and through their agent Joyce Bunting v Victor Hall and Sonia Hall

Court: 
Supreme Court
Subject: 
Civil Procedure
Catchwords: 

Civil Procedure-Agency-Adverse Possession-Fraud-Whether Joyce Bunting was the claimants' agent, and therefore, had the authority to act and deal with the disputed land for and on behalf of the claimants-Whether, by operation of the Limitation of Actions (LAA), the claimants alleged adverse possession of the disputed lands, extinguished the register title obtained by the 1st defendant-Whether the 1st defendant committed fraud when obtaining a certification of title for the lands registered at volume 1471 folio 698 of the Register Book of Titles, which comprise the disputed land, to which the claimants, through their agent, lay claim-Whether the 2nd defendant's title, jointly held with the 1st defendant for the disputed land, is vitiated, arising from the fraud of the 1st defendant-Whether pursuant to section 158 of the Registration of Titles Act, the court has the jurisdiction to order that the Registrar of Titles cancel the certification of title for the lands registered at volume 1471 folio 698, on the basis of fraud-Whether the court should direct the Registered of Titles to issues a new title, in the names of the claimants, for the disputed land-Sections 68, 70 , 71, 158, 161 & 163, Registration of Titles Act Sections 3 *& 30, Limitation of Actions Act

Document Type:

Year: 
2025
Suit/Claim number: 
SU2019CV00533
Neutral Citation: 
[2025] JMSC Civ. 104
Judge(s): 
Anderson, K.J